1977-04-1266
MINUTES OF THE COUNCIL MEETING OF APRIL 12, 1977 at 7:30 P.M. AT THE
MOUND COUNCIL CHAMBERS
Present were: Mayor Tim Lovaasen, Councilmen Gordon Swenson, Robert Polston,
Orval Fenstad and Ben Withhart; City Attorney Curtis Pearson, City Manager Leonard
L. Kopp and, Engineer Lyle Swanson.
MINUTES
The minutes of the Meeting of March 8, 1977 were presented. Polston moved and
Swenson seconded a motion to accept the minutes of the meeting. of March 8, 1977
as presented. The vote was unanimously in favor, so carried a.nd accepted.
The minutes of the meeting of March 11, 1977 were presented. Fenstad moved and
Swenson seconded a motion to accept the minutes of the meeting of March 11, 1977
as presented. The vote was unanimously in favor, so carried and accepted.
The minutes of the meeting of March 15, 1977 were presented. Fenstad moved and
Swenson seconded a motion to accept the minutes of March 15, 1977 as presented.
The vote was unanimously in favor, so carried and. accepted.
The minutes of the meeting of March 22, 1977 were presented. Swenson moved. a.nd
Polston seconded a motion. to accept the minutes of the meeting of March 22, 1977
as presented. The vote was unanimously i.n favor, so carried and accepted.
The minutes of the meeting of March 29, 1977 were presented. Withhart moved and
Polston seconded a motion to accept the minutes ~f the meeting of March 29, 1977 as
presented. The vote was unanimously in favor, so carried and accepted.
The minutes of the meeting of April 5, 1977 were presented.. Fenstad moved and
Withhart seconded a motion to accept. the minutes of the meeting of April 5, 1977
as presented. The vote was unanimously in favor, so carried and accepted.
PUBLIC HEARING ON THE ZONING ORDINANCE PROPOSED AMENDMENT
This amendment was recommended by the Planning Commission and by the Building
Inspector.
Fenstad moved a.nd Withhart seconded a motion to ordain the following ordinance.
ORDINANCE N0. 358
AN ORDINANCE Ar~NDING SECTION 23.32 OF THE
CITY CODE, CHAidGING T~ SECTION TITLE AND
ADDING SUBDIVISION (e) ESTABLISHING &~~AR
YARD SETBACI:S
The City of Mound does ordain:
Section 23.32 of the City Code is amended to change the title
of the section and to add subdivision. (e) which shall read as follows:
Section 23.32. Side Yard and Rear Yard Requirements.
(e )
In all use districts where no sj~ecific rear ,Vero
requirements are established by this code, there
shall be a rear yard of at least 15_feet.
67
The vote was unanimously in favor, so ordained
PROSECUTING ATTORNEY
Judge Reilly and Gary Pfleger were present as well as many citizens. After a lively
discussion and the reading of the City Managers recommendation not to change the
personnel for the position of the prosecuting attorney the matter rested with no action
from the City Council.
PARK COMMISSION MINUTES
The Park Commission recommended the the request to do work on the Waurika Commons
in front of Lots 3, 4 and 5, Block 2, Woodland Point be granted. Marge Peterson present.
Withhart moved a.nd Fenstad seconded a motion
RESOLUTION 77 - '149 RESOLUTION TO CONCUR WITH THE PARK
COMMISSION AND ALLOW LANDSCAPING OF THE
WAURIKA COMMONS IN FRONT OF LOTS 3, 4 and
5, BLOCK 2, WOODLAND POINT WITH THE
STIPULATION THAT AFTER THE LANDSCAPING
IS DONE THE AREA BE RESTORED USING GRASS,
SOD, CHIPS ETC.
The vote was unanimously in favor.
ROANOKE ACCESS
After considerable discussion the Park Commission,Committe on Roanoke Access report was',
taken into parts A, C, D., and F for action; parts B and E. required no action.
Part A
Withhart moved and Polston seconded a motion
RESOLUTION 77-150 RESOLUTION OPENING R.OAI~OKE~ACCE5~'F'OR' THE
ABUT'EING PROPERTY OWNERS A1VD PROVIDING FOR
ADDITIOl~ OF 7 DOCKS 'I'O $E SET ASIDE FOR IN-
LAND RESIDENTS - -=
The vote was unanimously in favor
Part C
Swenson moved and Polston seconded a motion
RESOLUTION 77-151 RESOLUTION TO CONCUR WITH THE P.~iRK COM-
MISSION AND THE STAIRWAY ON THE ACCESS
BE REPAIRED AND A HAND RAIL BE INSTALLED
FOR THIS BOATING SEASON
The vote was unanimously in favor
Part D
Withhart moved and Fenstad seconded a motion
RESOLUTION 77-152 RESOLUTION TO CONCUR WITH THE PARK COM-
MISSION AND LIMIT THE DOCK PERMITS TO
RESIDENTS IN THE AREA BOUNDED BY ABERDEEN
ON THE NORTH, DEVON ON THE WEST AND THE
LAKE ON THE EA5 T.
The vote was unanimously in favor
68
Part F (This was not part of the Park Commission Recommendations)
Withhart moved and Swenson seconded. a motion
RESOLUTION 77 - 153 RESOLUTION RESTRICTING THE ISSUING OF DOCK
PERMITS IN THIS AREA UNTIL THE COMMONS
MARKING POSTS ARE INSTALLED; SUCH WORK
TO BE STARTED IMMEDIATELY
The vote was unanimously in favor
PLANNING COMMISSION RECOMMENDATIONS
Item 1 taken up and deferred until attorney could write the necessary resolution.
Item 2 was also deferred. until the attorney had written the necessary resolution for
Item 1
Item 3
Roy O' Donnell
Lots 4, 5, 6, 26, 27 and 28, Block 5, Shadywood Point
Request to refurbish a no.n-conforming use dwelling
Mr. O Donnell was present. The matter of a recent fire at this dwelling was brought
up for discussion.
Polston moved and Swenson seconded a motion
BE IT MOVED by the City Council that the extent of damage to the dwelling on Lots
4 - 6 and 26 - 28, Block 5, Shadywood Point be referred to the staff for i.nvestigat ion;
if the damage is less than 50°~o no variance will be required.
The vote was unanimously in favor.
Item 4
Kenneth E. Hiller
Lots 5 - 7, Block 14, Dreamwood.
Request work on no.n-conforming use dwelling
Mr Hitler was present
Swenson moved and Withhart seconded a motion
RESOLUTION 77-154 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION AND DENY REQUEST TO REFURBISH
DWELLING ON Lots 5 - 7, Block 14, Dreamwood
Roll Ca11 Vote
Fenstad Nay
Polston Nay
Swenson Aye
Withhart Aye
Lovaasen Nay
Resolution fails
NOTE: Direct staff to outline a structural change.
Lovaasen moved and Fenstad seconded a motion
RESOLUTION 77-155 RESOLUTION TO ISSUE A BUILDING-'PERMIT TO
INSULATE, BOARD UP INTERIOR WINDOWS AND
INSTALL A FURNACE: NONE OF WHICH ARE
STRUCTURAL CHANGES.
The vote was Withhart and Swenson Nay and Fenstad, Polston a.nd Lovaasen voted Aye;
so carried and granted.
Item 5
Werner W. Weisser
Lot 15, Block 3, Shadywood Pt.
Request for addition to non-conforming dwelling
u~.
1vlr We isser was present and cited the many encroachments on city property up and
down Shorewood Lane.
Lovaasen moved and Polston seconded a motion
69
RESOLUTION 77-156 RESOLUTION GRANTING VARIANCE FOR ADDITION
TO NON-CONFORMING USE STRUCTURE WITH THE
STIPULATION PROVIDING REMOVAL OF ENCROACH-
MENT ON CITY PROPERTY WHEN THE ROAD IS UP-
GRADED
The vote was unanimously in favor
Item 1
Oswin Pflug
Lots 7-11 incl and parts of Lots 6, 14, 15, 16, 17, 18 including vacated alley,
Block 1, Shirley Hills Unit A
Request parking variance
Mr Pflug was present.
Swenson moved and Fenstad seconded a motion
RESOLUTION 77-157
RESOLUTION NO. 77 - 157
A RESOLUTION GRANTING A SPECIAL USE PERMIT
AND PARKING VARIANCE FOR A COMMERCIAL USE
ON LOTS 7 - 11 Imo. -Part of 6, 14, 18 ?.n~.. Block 1
SHIR.LEY HILLS UNIT "A"
WHEREAS, Lots 7 - 11,, Incl. Part of lots 6 and Lots 14 - 18 Incl.
Block`1, Shirley Hills Unit A currently has a building
located on the property and this Council has previously
issued a Special Use Permit to operate a cabinet shop
in said structure, and
WHEREAS, the current owner desires to increase the size of the
building to approximately 6, X70 square feet and under
the provisions of Section 23. 30 Subd 1 Subsection (e)
requires 3 sq. feet of ..,parking for each one square foot
of, store floor area and this would. require 106 parking
spaces, and
WHEREAS, the owner of the property cpntends that his cabinet shop
and proposed p1~.tter~ manufacturing and sales office do
not require the Iarge number of parking spaces required
by Section 23. 30 Subd 1 Subsection (e) and that he would
like to build the building and provide a reasonable amount
of .parking and open space and green area which will be
more aesthestically attracted to the community, and
WHEREAS, the City Council is concerned thact the property will be
used for Commercial uses which require more parking
than is proposed or is in effect able to be provided on
the property and therefore the Council does not desire
to grant a Special Use Permit and variance which pro-
vides less than one-half the number of spaces required
unless the owner agrees that all future uses will be sub-
mitted to this Council for review and/or the owner will
conform to all existing parking requirements then re-
quired by the Zoning Ordinance.
70
NOW, THEREFORE. RE IT RESnI•VET~ BY THE CITY COUNCIL OF
THE CITY OF MOUND:
1. The request to construct a building of approximately
6, 370 sq. feet is granted subject to th~ following con-
dition s :
(a) The owner will provide 47 parking spaces and
a green landscaped area as set forth in Exhibit
"A" attachdd hereto and made a part of this
permit.
(b) The uses permitted in the building shall be -
office space, a cabinet shop and a patter.
manufacturing and sales shop. Any and all
other uses in this structure or any expansion
of the existing uses shall require an amend-
ment to this permit.
(c) The owner must agree that any other uses
proposed for this building will be brought
before this Council for review of the park-
ing requirements and if the use requires,
in the City Council's opinion, more than 47
spaces, the owner shall then provide the
required number of spaces. Tf the property
cannot provide the parking deemed necessary
the owner agrees that the use will not be per-
mitted in the building. No parking areas on
public streets shall be counted in meeting the
requirement of the Zoning Ordinance
(d) This Special Use Permit coYers the entire
property and incorporates conditions exist-
ing in curr,~nt outstanding Special Use Permits.
(e) All changes in use are to be referred to the
Planning .,Commission for recommendation
and all Public Hearings required by theUrdin-
ance shall be held.
2. None of the uses on this property shall have any outside
storage or display areas. A 3' x 10' sign backed flush
to the front of this building.
3. This Special Use Permit shall not become effective until
the current owner has signed a copy of this resolution
agreeing to~la bound by the conditions contained in para-
graph 1 and 2 and -he further agrees to provide any new
owner with a copy of this resolution and agrees to inform
any new purchaser of the Special conditions which restrict
the uses of this property.
Agreed to by petitioner, Oswin Pflug
4851 Sho~eline ~lv~ Mound, Mn. 55364
~ n .,
Witne
Witne s s
dated
dated - / 3 l
dated - /
?7
Item 2
Richard Lien
Same legal as Item 1
Special Use Permit
Mr, Lien was present
Fenstad moved and Swenson seconded a motion
71
RESOLUTION 77-158 RESOLUTION SETTING DATE FOR PUBLIC HEARING
ON SPECIAL USE PERMIT FOR POTTERY MAN-
UFACTURING AND SALES -Part of Lots 6, 14 to 18,
incl. and all of lots 7 to l1 incl. , Block 1, Shirley Hills
Unit A -May 10, 1977 at 8:00 P. M.
The vote was unanimously in favor
Item 6
Briarwood
Part of Lots 3 to 18, incl. , Block 8, Avalon
Request use of trailer for storage
Lovaasen moved and Swenson seconded. a motion to table this matter. The vote was
unanimously in favor, so carried.
Item 7
Homesteaders
Lots 1, 2, 15 - 17, Block 13, Whipple
Subdivision of land.
Mr. Sycks was present
Swenson moved and Withhart seconded a motion
RESOLUTION 77-159 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION AND WAIVE THE REQUIREMENTS OF
CHAPTER 22 AND DIVIDE LOTS 1, 2,15 - 17, Block 13
Whipple INTO TWO BUILDING SITES
The vote was unanimously in favor
Items 8 a.nd 9 were tabled without any formal action
SIGN ORDINANCE
Lovaasen moved a.nd Fenstad seconded a motion to ordain the following ordinance
ORDINANCE 359
AN ORDItdAPiCE AA4;NDING SECTION 55.38
RELATING TO SIGPJ SIZE
The City of Mound does ordain:
Section 55.38 is amended to read as fallo~asa
Section 55.38• Signs• No person, firm or corporation shall
erect, maintain, or cause to be erected or maintained any sign or other
structure for advertising or other purposes across or upon any s#reet,
alley, thoroughfare or sidewalk unless the same is 20 feet or more
above such sidewalk, thoroughfare or street and does not stand mofeet
than 8 feet out from the building. No sign larger than four (4)
in one of its dimensions and no larger than nine (g~ square feet in
area shall be constructed without a written permit from the Gity
Council first having been secured. Before granting any permission
required by this subdivision, the City Council may impose such condi-
tions and requirements regarding the erection and maintenance of such
sign as it deems necessary and may require a bond from the person,
firm or corporation to whom permission is granted.
72
(~ The vote was Withhart nay and all others aye- so ordained
COUNTY 44 WATER
The attorney asked that this matter be held over for two weeks because of a.n appeal,
Lyle Swanson was present from McCombs and Knutson and Associates.
TUXEDO ROAD
Lyle Swa.nso.n outlined the project a.nd projected the State Approved P1a.n (Plan #2) on
the screen. Joel Reintz was present and said he was not in favor of this plan and would
not sign any easements for this plan.
Lovaasen moved a.nd Swenson seconded a motion
BE IT MOVED, by the City Council of the City of Mound that the State approved plan
(Plan #2) be accepted..
The vote was Lovaasen and Swenson -aye
Polston, Withhart and Fenstad. -nay
Motion failed
Withhart moved and Fenstad seconded a motion
RESOLUTION 77-160 RESOLUTION APPROVING PLAN #1, FOR THE
ALIGNMENT OF TUXEDO BLVD. STREET IMPROVE-
MENT (Plan .not approved by the State at this time)
The vote was Lovaasen and Swenson - .nay
Po.lsto.n, Withhart and Fenstad -aye
COVER THE CLOCK
Fenstad moved a.nd Polston seconded a motion to waive the requirements of Resolution
77-16 and continue the meeting. The vote was unanimously in favor.
BEACHSIDE DEVELOPERS -Representatives were present and ask permission to put
in the road to this property
Polston moved a.nd Withhart seconded a motion
BE IT MOVED, by the City Council of the City of Mound that no action be taken on any
part of this project until the mortarium is lifted.
The vote was unanimously i.n favor
COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT - no answer to the call
LICENSES AND PERMITS
Fenstad moved and Swenson seconded a motion
RESOLUTION 77-161 RESOLUTION GRANTING LICENSES TO SELL
CIGARETTES IN 1977 TO: APCO Station; AND
GRANTING A GARBAGE AND REFUSE COLLECTORS
LICENSE TO: Mike's Sanitation Co, for 1977
The vote was unanimously in favor
DINNER DANCE PERMIT
Fenstad moved. and Polston seconded a motion
RESOLUTION 77-162 RESOLUTION GRANTING A DINNER DANCE PERMIT
TO BRAIRWOOD RESTAURANT INC, FROM APRIL
12, 1977 to MAY 12, 1977
The vote was unanimously i.n favor
73
AMENDMENT TO SECTION 61 OF THE MOUND CODE OF ORDINANCES
Swenson moved and Withhart seconded a motion to ordain the following ordinance
ORRDINANCE N0. 360
AN ORDINANCE AMENDING SECTION'S 60.51 AN'D
61.45 OF T:qE CITY CODE PROVIDING FOR NOTICE
BX CERTIFIED ~'IAIL
THE CITY OF P10Wi D DOES ORDAIN:
Section 60.51 of the City Code is amended to read as follows
SECTION 60.51. Notice of Nuisance. 'When any public nuisance is found
to exist, the City Health Officer shall in writing order the person
liable for the same to remove the public nuisance, at his expense,
within a time not to exceed ten days, the exact time to be specified
in the notice. This notice shall be served by the sheriff, marshall
or other peace officer by delivering a copy thereof to the owner,
occupant or agent of the offending property. If the property is un-
occupied and the owner of the property is unknown or absent, with no
known representative or agent in the City upon whom notice can be
served, then the sheriff, marshall or other peace officer shall post
a written or printed notice upon the property or premises, setting
forth that unless the public nuisance is abated or removed within ten
days, the sheriff, marshall or other peace officer, will abate or
remove, or cause to be abated or removed, at the expense of the owner,
the public nuisance. The City Manager shall send by certified mail
a copy of the posted notice to the last known address of the record
owner of such property.
Section 61.45 of the City Code is amended to read as follows:
SECTION 61.45. Service of Notice. Service of notice provided for in
Section 61.35 of this code, shall be by personal service, if the owner
of the lot or parcel of land on which an .infected elm tree or oak tree,
as aforesaid, is located, is a resident of the City. If such owner
cannot be found in the City of Mound, or is a non-resident of said
City, written notice shall be served by certified mail, addressed to
said owner at his last known address. If the owner cannot be found,
a copy of said notice shall be posted upon said infected tree. If the
infected trey is not removed or treated within 10 days from the date
of service or from the date of mailing notice by certified mail or
after posting as required by the notice, the Manager or the Tree
Inspector or their representatives shall remove or treat the tree.
The vote was unanimously in favorl:Lso carried and ordained
APPOINTMENT TO WEST HENNEPIN HUMAN SERVICES COMMISSION
Withhart moved and Swenson seconded a motion
RESOLUTION 77-163 RESOLUTION APPOINTING CHARLES R. PETERSON TO
THE WEST HENNEPIN HUMAN SERVICES COMMISSION
TO FILL THE UNEXPIRED TERM OF MRS. KENNETH
STRICKLEN, TO JANUARY 1, 1978.
The vote was unanimously in favor
NOTE; Tim Lovaasen will attend the Spring Hill meeting
DELINQUENT WATER BILL HEARING
Swenson moved and Withhart seconded a motion
74
RESOLUTION 77-164 RESOLUTION ORDERING A PUBLIC HEARING ON .
DELINQUENT. UTILITY BILLS TO BE HELD APRIL
26, 1977 at 8:00 P. M.
The vote was unanimously in favor
BIDS ON LAWN AND GARDEN TRACTOR
Withhart moved and Swenson seconded a motion
RESOLUTION 77-165 RESOLUTION ACCEPTING THE BIDS ~O?~T LAWN
AND GARDEN TRACTORS AND AWARDING THE
CONTRACT TO LONG LAKE FORD TRACTOR FOR
$2, 464.00
The vote was unanimously in favor
TRANSFER OF FUNDS
Polston moved a.nd Swenson seconded a motion
RESOLUTION 77-166 RESOLUTION AUTHORIZING THE TRANSFER OF
CERTAIN CITY FUNDS
The vote was unanimously in favor
BILLS
A list of bills totaling $106, 303.33 were presented for consideration. Withhart moved
and Polston seconded a motion to pay these bills where funds are available. The roll
call vote was unanimously in favor, so carried..
Swenson moved and Withhart seconded a motion to adjourn until the adjourned meeting
of April 19, 1977 at 8:00 P. M, at the Mound Council Chambers. The vote was
unanimously in favor, so carried and adjourned.
Attes .
Le nard L. Kopp, Cit a ager
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